Wilkerson v. State

126 S.E. 304, 33 Ga. App. 349, 1925 Ga. App. LEXIS 761

Opinion

Luke, J.

The defendant was convicted generally upon an indictment which in one count charged her with keeping a lewd house for the practice of fornication and adultery, and in the other charged her with keeping and maintaining a common, ill-governed, and disorderly house, to the encouragement of idleness, drinking, and other misbehavior (Penal Code, §§ 382, 383). There was no evidence authorizing a conviction under the second count, and therefore the verdict was contrary to law and the evidence, and the court erred in overruling the motion for a new trial. See, in this connection, Fanning v. State, 17 Ga. App. 316 (2) (86 S. E. 731); Brooks v. State, 27 Ga. App. 629 (87 S. E. 909).

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.